Advocates:
['HEMANT DUTT', '', 'RAKESH ARORA', 'VS RAJPUROHIT - PP', '', 'PANWAR - PP', 'NARENDRA SINGH']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 564 / 2012

Smt.Pushpa Devi w/o Shri Manak Lal Jain, aged about 62 years,

b/c Jain, r/o Gopal Ganj, Pratapgarh.

----Petitioner

Versus

The State of Rajasthan

----Respondent

Connected With

S.B. Criminal Misc(Pet.) No. 866 / 2012

Shankar Rathore s/o Shri Hetramji, age 60 years, r/o Gopalganj,

Pratapgarh.

----Petitioner

Versus

State of Rajasthan

----Respondent

S.B. Criminal Misc(Pet.) No. 2079 / 2012

Ramesh Kumar Parihar s/o Kanahiya Lal Parihar, b/c Parihar, r/o

Near Stadium, Gaja Nand Marg, House No.26, Pratapgarh.

----Petitioner

Versus

The State of Rajasthan

----Respondent

S.B. Criminal Misc(Pet.) No. 2275 / 2012

Dinesh Chandra Sharma s/o Shri Surya Shanker Sharma, age 60

years, r/o Sector No.2, H.No.121, Shivaji Nagar, Dungarpur (Raj.).

----Petitioner

Versus

State of Rajasthan

----Respondent

(2 of 47)

[CRLMP-564/2012]

_____________________________________________________

For Petitioner(s) : Mr.M.S.Singhvi, Senior Advocate assisted by

Mr.Hemant Dutt.

Mr.Rakesh Arora

For Respondent(s) : Mr.V.S.Rajpurohit, PP and Mr.M.S.Panwar PP

for the State.

Mr.Narendra Singh (ACB)-Inspector,

Pratapgarh.

_____________________________________________________

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

Reserved on 30/08/2017

Pronounced on 06/09/2017

Reportable

1.

These criminal misc. petitions under Section 482 Cr.P.C.

have been preferred for quashing FIR No.308/2008 dated

16.12.2008 registered at District Anti Corruption Bureau,

Chittorgarh Thana, C.P.S. A.C.B., Jaipur / Police Station, Anti

Corruption Bureau, Jaipur for the offences under Sections 13(1)(d)

and 13(2) of the Prevention of Corruption Act, 1988 read with

Section 120B IPC.

2.

Brief facts of this case, as noticed by this Court, are

that an FIR bearing No.308/2008 was lodged by one Shri Giriraj

Joshi, Advocate (since deceased) of Pratapgarh, wherein certain

allegations were levelled against the petitioners regarding

conversion of an agricultural land situated in Khasra No.457 and

458 of Pratapgarh, in respect of which the applications were

moved by one Babu Lal s/o Dalu Ji Dhobi and others under Section

90B of the Rajasthan Land Revenue Act, 1956 (hereinafter

(3 of 47)

[CRLMP-564/2012]

referred to as ‘the Act of 1956’). The allegation was that the Sub

Divisional Officer, Pratapgarh vide communication dated

08.08.2003 sought report from the Tehsildar, Pratapgarh, the

Executive Officer, Municipal Board, Pratapgarh and Shri Ramesh

Kumar Parihar, Draftsman -cum- Surveyor regarding use of the

land in the Master Plan. The land use in the Master Plan was

apparently residential, and therefore, it was reported that if the

land was surrendered, then the Municipal Board had no objection

for the purpose of conversion.

3.

The Sub Divisional Officer, Pratapgarh accordingly,

accepted the surrender of the land of Khatedars Babu Lal and

others on 29.02.2004, and thereafter, the procedure under the Act

of 1956 was initiated. No-objection